Quarterly report Q4 – 2018 Australian Small

Quarterly report Q4 – 2018 Australian Small
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Quarterly report Q4 2018 Australian Small Business and Family Enterprise Ombudsman The fourth quarter showed continued growth for ASBFEO in both the Advocacy and Assistance space. We were particularly pleased to see a number of

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Quarterly report
Q4 – 2018

Australian Small Business and Family Enterprise Ombudsman<br>
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The fourth quarter showed continued growth for ASBFEO in both the Advocacy and Assistance space. We were particularly pleased to see a number of recommendations from the inquiries we have conducted over the past two and a half years reflected in government announcements during the final quarter.
Recommendations from our Payment Times and Practices Inquiry, conducted in April 2017, are reflected in:
the commitment by the federal government to pay SMEs within 20 calendar days for contracts up to $1 million, by July 2019
a new contract clause included in the Commonwealth Contracting Suite that requires all subcontractors working on a government project to have the same terms and conditions as the prime contractor of that project
the commitment by the federal government to have a target of 35% of all government contracts up to $20 million to go to SMEs.
Following our Payment Times Review in November 2018, the federal government committed to ensure large businesses pay SMEs within 20 days as a condition of future government contracts and a requirement that large businesses with $100 million turnover publish payment information annually on a reporting framework. More recently, in the Mid-Year Economic and Fiscal Outlook, the government committed to introducing five-day payment terms between government agencies and small businesses where e-invoicing is in place.
Recommendations from our Affordable Capital for SME Growth Inquiry, released in June 2018, are reflected in the:
commitment by federal government to introduce the Australian Business Securitisation Fund
commitment to facilitate the development of an Australian Business Growth Fund with the financial services sector
review of the Personal Property Securities Register to make it more accessible and workable for SMEs. 2 We jointly released the Borrowing from fintech lenders guide with theBankDoctor.org and continued working closely with the Australian Finance Industry Association, Fintech Australia and theBankDoctor.org on the implementation of the Code of Lending Practice for fintech balance sheet lenders offering online business loans, released in July 2018. The seven major fintech lenders are signed up to the Code and an independent Code Compliance Committee will monitor compliance.
Our workload assisting small business disputes is increasing, with disputes falling under the Franchising, Oil and Horticulture codes now managed by our office. And from 1 March 2019, we will offer a Small Business Concierge Service to assist small businesses in dispute with the ATO. The Concierge Service will provide small businesses with advice on the Administrative Appeals Tribunal process before and immediately following an application.
The office received over 1,100 complaints from small business owners regarding Viewable Media and The Shoppers Network around advertising contracts. We wrote to the finance providers used by Viewble requesting they cease billing and debt collection activities while the matter is being investigated. No financier responded positively, however, those who are members of the Australian Financial Complaints Authority (AFCA) have ceased collection activities from the businesses that complained to AFCA. We are dealing directly with the non-AFCA financiers to ensure the small businesses are properly supported. We continue to work with the Australian Competition and Consumer Commission, the Australian Security and Investment Commission and the AFCA to achieve a resolution.<br>
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Received 2,402 contacts – 92% about resolving disputes.
Main issues – contract disputes (70%) and payment issues (14%), with an emerging trend in issues with large online platforms, sham contracting and disruptions to business such as roadworks and construction.
Franchising disputes increased with the office taking over disputes falling under the Franchising Code of Conduct.
Viewable media matters accounted for 950 of all cases during the period (now in excess of 1,050). Key activities 3 Kate Carnell AO Australian Small Business and Family Enterprise Ombudsman OUTREACH Provided ministerial advice on the effect of payment practices and how they might be improved.
Made a submission to The Treasury’s review of the effectiveness of the unfair contract terms legislation on small business contracts.
Launched Phase II of our Access to Justice Inquiry.
Responded to the call for submissions from the Royal Commission into financial services.
Commenced a review of the effectiveness of the Small Business Fair Dismissal Code and is developing options to improve the system. ADVOCACY ASSISTANCE Major media appearances: The Drum, Ross Greenwood’s Money Action, CPA’s InTheBlack, SKY YourMoney, Women’s Network Australia magazine, Nine News and 2GB.
Key media topics: payment times, fintech lending, access to justice, financial services Royal Commission, mental health, Viewble media and AFCA.
Events: the Ombudsman participated in 32 events across the country as keynote, panellist or special guest.
ASBFEO produced an Ombudsman video message for broadcast at the first anniversary event of the UK Small Business Commissioner. To finish off the year, we released the results of our Access to Justice Inquiry from a survey of 1,600 small businesses across Australia. Payments times and terms are still the biggest cause of disputes, with no access to justice as time and cost prevented small businesses from pursuing resolution of a dispute. Phase Two of this Inquiry has now started which will look at possible solutions for small business that cannot afford to access the court system.
We also released our working paper supporting deemed statutory trusts in the construction industry. Our research shows the benefits of implementation outweigh the potential costs and impacts on working capital. Statutory trusts would help protect small businesses working in the construction industry from being unpaid for the work they have done when insolvencies occur.
Phoenixing and insolvencies are rife in the construction industry and small businesses are regularly the big losers when this occurs. Visit asbfeo.gov.au/resources/finance<br>